Posted on 02/23/2004 6:30:44 PM PST by Jim Robinson
Subject: Kerry/Fonda image
February 23, 2004
VIA EMAIL AND U.S. MAIL
Jim Robinson www.freerepublic.com P.O. Box 9771 Fresno, CA 93794 USA
RE: www.freerepublic.com
Matter ID: 14-0486/John Kerry/Jane Fonda Image
Dear Jim Robinson:
Corbis is one of the largest digital image licensing companies in the world. All of the images in Corbis’ collection are subject to federal and international copyright protection. Indeed, all of the works found on the www.corbis.com web site bear appropriate copyright notices. Furthermore, we have a responsibility to our photographers to protect their intellectual property and pursue any possible cases of improper use.
It has recently come to Corbis’ attention that your company’s web site, www.freerepublic.com, through the web pages:
http://209.157.64.200/focus/f-news/1080321/posts, http://www.berkeleydaily.org/photos/02-17-04/DoctoredKerry03%2Ejpg, http://www.freerepublic.com/focus/f-news/1074196/posts, http://209.157.64.200/focus/f-news/1080321/posts, http://www.vietnamveteransagainstjohnkerry.com/fonda_ker_vf.jpg, directly reproduces, adapts, displays, and distributes an unauthorized and altered version of Corbis images
#DWF15-563704 and #OF016339. This directly violates Corbis’ and the photographers’ exclusive rights to reproduce, adapt, display, distribute, and create derivative works.
Given the nature of the apparent copying and altering of this image, such infringements would be subject to statutory damages of $150,000 per infringement, in addition to costs and attorney’s fees.
Corbis hereby demands that you immediately provide the following information and assurances by no later than 3 p.m. Pacific Time, March 1, 2004:
(a.) Disclose to Corbis how the image was obtained and reproduced, including all use types, quantity or circulation as applicable, length of your use, and territory.
(b.) Disclose to Corbis all other uses or unintended uses of images.
(c.) Immediately cease and desist from any current or pending uses of Corbis images, including but not limited to displaying these images on your website and other printed materials.
(d.) Investigate the apparent use of Corbis’ materials on your web site and instruct all of your employees and independent contractors to immediately cease copying, distributing, modifying, displaying, or otherwise using any and all copies of Corbis materials. Please note that Corbis reserves the sole right to provide you with license for your use, and any license granted shall not waive any rights or remedies Corbis has relating to your unauthorized use, or claims by third parties arising out of your use.
(e.) Corbis asks that you provide written assurances that www.freerepublic.com has removed from its web site the materials identified above. Please confirm no later than March 1, 2004 that your company has taken the required action, and that it will refrain from any and all such actions in the future. You may contact me at (206) 373-6295, Sarah.Patsula@Corbis.com, or 720 Second Avenue, Suite 200, Seattle WA 98104-1742 USA.
Although Corbis is hopeful that this matter can be resolved quickly and amicably, if you have not complied with the above-noted demands, Corbis will take the additional measures necessary to protect its valuable intellectual property rights. Corbis is committed to protecting the rights of our photographers and to ensure the quality and integrity of their materials. Corbis reserves all rights and remedies.
We look forward to your prompt compliance.
Very truly yours,
Sarah Patsula Copyright Compliance Manager
Sarah.Patsula@corbis.com wrote:
> <> >
> Name: CD letter.pdf > CD letter.pdf Type: Acrobat (application/pdf) > Encoding: base64
Dear Sarah,
As you may or may not know, Free Republic is a discussion forum open to the general public. I'm basically a one man shop. I do not have any employees or agents. I did not copy your images to Free Republic. It is apparently true that a member of the general public may have used one or more of your images to create what appears to be a satirical political parody on presidential candidate John Kerry's anti-war record and his apparent relationship with Jane Fonda. And it is also true that this particular satirical political parody has caused quite a stir on the Internet and in the media. And it's also possibly true that members of the general public may have posted links to the underlying original images involved in order to "expose" the parody. I have no idea who actually owns the copyrights on said images, however, in no way did I or Free Republic violate any copyrights. I was not involved. And as I said, I do not have any employees or agents. The posters involved are all members of the general public. The images were at no time actually stored on Free Republic servers. The only connection would have been common HTML hyper links posted in our discussion forum by members of the general public to images stored on outside servers owned by others and outside of my control.
All that said, I believe I did remove the original parody post containing the link to the parody image on the day it was posted once I became aware of it (because of the controversy it immediately created) and I removed any further posts linking to the image whenever I spotted them or they were reported to me. If there are additional posts containing links to any of these images I will remove them when they come to my attention. But in no case have the actual images ever been copied to Free Republic's servers or to any server or computer controlled by me or by Free Republic and neither I nor Free Republic was ever involved in any capacity in the creation or distribution of said images.
Your itemized demands and my answers:
Corbis hereby demands that you immediately provide the following information and assurances by no later than 3 p.m. Pacific Time, March 1, 2004:
(a.) Disclose to Corbis how the image was obtained and reproduced, including all use types, quantity or circulation as applicable, length of your use, and territory.
Other than the links posted by the general public into our discussion forum (which I have removed) I have no idea where else or how the images were used. I was not involved and have no knowledge to answer your question.
(b.) Disclose to Corbis all other uses or unintended uses of images.
Again, I was not involved and have no knowledge of other uses. I have no intent of ever using Corbis images.
(c.) Immediately cease and desist from any current or pending uses of Corbis images, including but not limited to displaying these images on your website and other printed materials.
I have had no intention and have no intention of ever using any Corbis images. If I discover links to any Corbis images on Free Republic, I will remove them. I have no printed materials.
(d.) Investigate the apparent use of Corbis’ materials on your web site and instruct all of your employees and independent contractors to immediately cease copying, distributing, modifying, displaying, or otherwise using any and all copies of
I will remove any links to Corbis images I find posted to Free Republic. I have no employees or agents or independent contractors. Any links to Corbis images found on Free Republic would have been posted there by members of the general public into our discussion forum. I will post a notice for all not to post any such links in the future.
Corbis materials. Please note that Corbis reserves the sole right to provide you with license for your use, and any license granted shall not waive any rights or remedies Corbis has relating to your unauthorized use, or claims by third parties arising out of your use.
So noted. But I have no plans of ever using Corbis materials.
(e.) Corbis asks that you provide written assurances that www.freerepublic.com has removed from its web site the materials identified above.
I have removed any posts containing links to the images in question from the Free Republic pages you've referenced and from any other pages I've spotted or have had reported to me. And I will continue removing any posts containing such links in the future. I will also post a copy of your letter to our forum so that our readers and participants will know not to post them in the future.
Please accept this document as my written assurance, and please reply by email that you have accepted same.
Thank you very much.
Regards,
Jim Robinson
Wait, I'm sure their bill will reflect several hours looking. ;o)
I know! Maybe Corbis issues their employees mouses (mice) with no right click buttons?
a heavy hammer scare tactic. Good thing you and FreeRepublic, LLC didn't have anything to do with any copying or altering of their picture.
I noticed on the Brit Hume show tonight, they used this image - I wonder if Brit will get a bill for $150,000?
Your responses were good.
Neither do I.
Jim, you've identified the most essential element in all this. Even if there is some obligation on your part for pictures linked to your site (and I don't think there is) the fact that these are political parodies allows for a fair use. It's no different than the Bill Clinton parody songs Rush Limbaugh plays on his show.
Beginning and end of story, at least as far as FR is concerned.
As for the parody, that has its own suite of Constitutional protections. Even a Weird Al Yankovic song parody is practically untouchable; add yet another layer for political free speech. I hope Corbis appreciates that you are going way above and beyond what is required.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.